96-015 - South Central School District #406 - Use of Facilities by Parks & Recreation Department

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2. request, on the will make available City facilities to District at no P q charge, subject to the schedule of facility, activities and programs by the City. Written requests for usage on behalf of the District will be sent to the Parks and Recreation Director or designated representative. The District shall receive priority after the City's use and before other unscheduled, outside organizations. Facilities include the Tukwila Community Center, athletics fields, golf course, and parks. 3. It is understood and agreed that the personnel employed by each agency shall be under the supervision of that agency. Further, each agency shall establish rules and regulations with regard to the use of its facilities that will be held to by the user. 4. The use of school facilities shall be in accordance with the regular procedures of the District in granting permits for use of school facilities as provided for by the Laws of Washington and the rules and regulations of the District, or as otherwise provided for in this agreement. 5. It is further understood and agreed that either party to this Agreement may at any time terminate this Agreement upon giving, in writing, to the other party thirty (30) day's notice of its intention to terminate same. 6. Each party agrees to indemnify, defend and hold harmless the other, and the other's agents, employees and contractors, from and against any and all costs (including attorney's fees), claims and liability arising out of this Agreement, including property damage and personal injury and death, resulting in whole or in part from the acts or omissions of that party or its employees, agents or contractors. Both parties will assist the other by preserving and presenting a defense of limited liability under RCW4.24.210, for allowing the public to use either District or City property for outdoor recreation. It is further agreed that the District /City shall be responsible for any and all damages to City/District property caused by or resulting from negligence of the District /City. To the extent the parties are found to be concurrently at fault, this obligation to defend, indemnify and hold harmless shall be ratable in the same proportion as the concurrent fault. Each party shall procure and maintain at its sole expense throughout the term of this Agreement comprehensive general liability insurance, with a current minimum coverage of $1,000,000 per occurrence for personal injury and property damage. The amount of required minimum coverage shall be reviewed annually by the joint administrators. Each policy shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon 30 days prior written notice to the other party Cancellation of the required insurance shall automatically terminate this Agreement. 7. Neither party shall discriminate against any applicant for use of their facilities on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap.